MIIJ.,S FARM AREA

HOMES ASSOCIATION DECLARATION

1111111111111111 /I I IIIIII I II I llff I 111111111111111 2©060913-0003697 09/13/2006 P: � of 1B F: $76.00 10:55·35 AM Re91ster of Deeds T20060046330 JO CO KS BK:200609 PG:003697

THIS DECLARATION is made as of the IZ.. day of September, 2006, by Mills Fam1 Development, L.L.C., a Kansas limited liability company ("Developer").

WITNESSETH:

WHEREAS, Developer has executed and filed with the Register of Deeds of Johnson County, Kansas, a plat of the subdivision known as "Mills Farm" which plat includes the following described lots and tracts:

Lots I through 35, and Tracts A, B and C, lvilLLS FARM, FffiST PLAT, a subdivision in the City of Overland Park, Johnson County, Kansas.

WHEREAS, Developer, as the present owner and developer of the above-described property, desires to create and maintain a residential neighborhood and a homes association for the purpose of enhancing and protecting the value, desirability, attractiveness and maintenance of the property withinthe subdivision;

·-···-

NOW, THEREFORE, in consideration of the premises contained herein, Developer, for itself and for its successors and assigns, and for its future grantees, hereby subjects all of the above-described lots to the covenants, charges, assessments and easements hereinafter set forth.

ARTICLE I. DEFINITIONS

For purposes of this Declaration, the following definitions shall apply:

(a) "Bo_ard" means the Board ofDirectors of the Homes Association.

(b) "Certificate of Substantial Completion" means a certificate executed,acknowledged and recorded by the Developer with the Recording Office stating that all of the Lots in the District (as then contemplated by the Developer) have been sold by the

(i) "Owner" means the record owner(s) of title to any Lot, including the Developer.

(k) "Private Lakes" means any private lakes that may be constructed by theDeveloper on any part of the Common Areas.

below (I) "Recreational Facilities Area" has the meaning set forth in Article XIV

(m) "Recording Office" means the Office of the Register of Deeds of JohnsonCounty, Kansas.

( n) "Right-of-Way Amenities" has the meani�g set forth in Article XV below.

(o) "Stream Corridor" means any stream and adjacent land that constitotes partof a Common Area and set aside as a "stream corridor", in accordance with the City ordinances, as specified by Developer in an amendment or supplement to this Declaration.

(p) "Turnover Date" means the earlier of (i) the date as of which all of theLots in the District (as then contemplated by the Developer) have been sold by !he Developer and the residences have been constructed thereon, or {ii) the date the Developer, in its absolute discretion, selects as the Turnover Date for all or any specific portion of this Declaration.

ARTICLE II. HOMES ASSOCIATION M.EMDERSIITP

Until the Turnover Date., the Homes Association shall have two classes of membership, namely Class A and Class B. The Developer shall be the sole Class A member. Each Owner of a Lot, including the Developer as an Owner, shall be a Class B member. Until the Turnover Date, all voting rights shall be hdd by the Class A member, except that the Class B members shall have the sole right to vote on increases in annual assessments as provided in clause ( c) of Section 2 of Article IV below and to vote any special ass(".ssments as provided in clause (III) of Section 1 (b) of Article V below.

After the Turnover Date, there shall be only one class of membership which shall consist of the Owners of the Lots in the District and every such Owner shall be a member.

Where voting rights exist based on Lot ownership, each member shall have one vote for each Lot for which he is the Owner; provided, however, that when more than one person is an Owner of any particular Lot, al! such persons shall be members and the one vote fur such Lot shall be exercised as they, among themselves, shall detennine, but in no event shall more than one vote be cast with respect to such Lot. During any period in which a member is in default in the payment of any assessment levied by the Homes Association under this Declaration, the voting rights of such member shall be suspended until such assessment has been paid in foll.

3

lllll I l/11111111111111111111 I lllll ll llll l /1111111 20060$13-0003697 09/13/2006 P: 3 of 18 10•55·35 AM Resistor of D�ads r20060046330 JO CO KS BK:200609 PG:003697

JN WITNESS WHEREOF, the Developer has caused this Declaration to.be duly executed the day and year first above written.

STATE OF KANSAS ) ) ss.

COUNTY OF JOHNSON )

TI1E DEVELOPER:

MlllS FARM DEVELOPMENT, LLC

By: W.S. DEVELOPMENl� L.L.C., lvfanager

By:_��?� Matthew M. Adam, Managing Member

This instrument was acknowledged before me on September / 2- 2006 by Matthew M. Adam, as Managing Member ofWS. Development, L.L.C., as Manager of Mills Farm Development, L.L.C., a Kansas limited liability company. r1f1

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My Commission Expires:

049317/103022

SNWOO 236613.'!

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Notary Plililic in and for said County and State

Print Name: /J/111i1 'Ji1;e.. 6(-t:;7!«1'7

IIIII I Ill I llll II II I llllll I II I 1111111111111111111 20060913-0003697 09/ 13/20• P: 18 of 18 1<Zl:55,3� I Res 1st �r of Deeds T:l006©046 ... ::,

JO co KS BK:200609 PG:003697

MILLS FARJV[

IIIII I Ill I Ill llll I Ill llll I Ill Ill II 1111111 11111111 20061108-0002467 11/08/2006

P; 1 of 2 F: $12.00 08:15:43 A�l Register of Deeds T20060055712

JO CO KS BK:200611 PG:002467

AREA IIOJVIES ASSOCIATION DECLARATION ADDITIONAL PHASE

(411' Plat)

THIS DECLARATION is made as of the /sf day of November, 2006, by Mills Fann Development, L.L.C., a Kansas limited liability company (the "Developer");

WITNESSETH:

WHEREAS, the Developer has executed and filed with the Ofl:1ce of the Register of Deeds of Johnson County, Kansas (the "Recording Office"), an additional plat of the subdivision known as ".Mills Farm"; and

WHEREAS, such plat adds the following lots to the subdivision (the "Additional Lots") and the following tracts to the subdivision:

Lots 37 through l 16 and Tracts D, E, F and G, lvITLLS FARM, FOURTH PLAT, a subdivision in the City of Overland Park, Johnson County, Kansas.

WHEREAS, the Developer, as the owner of the Additional Lots, desires to subject the Additional Lots to the covenants, assessments, charges and other provisions contained in that certain Mills Fatm Area .Homes Association Declaration, executed by the Developer and filed with the Recording Olfice in Book 200609 at Page 003697 (the "Original Declaration").

NOW, THEREFORE, in consideration of the premises, the Developer, for itself and for its successors and assigns, and for its foture grantees, hereby agrees and declares that all of the Additional Lots shall be, and they hereby are, subject to the covenants, assessments, charges and other provisions set forth in the Original Declaration. As contemplated in Article IX of the Original Declaration, this instrument shall have the etlect of subjecting the Additional Lots to all of the provisions of the Original Declaration as though the Additional Lots had been originally described therein and subject to the provisions thereof.

MILLS FARM

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AREA HOMES ASSOCIATION DECLARATION

ADDIDONAL PHASES

(5th

and 61h

Plats)

THIS DECLARATION is made as of the 2Z day of October, 2007, by Mills Farm Development, L.L.C., a Kansas limited liability company (the "Developer");

WITNESSETH;

WHEREAS, the Developer has executed. and filed with the Office of the Register of Deeds of Johnson County, Kansas (the "Recording Office"), additional plats of the community known as "Mills Farm"; and

WHEREAS, such plats add the following lots to the community (the "Additional Lots") and the following tracts to the community;

Tract L2, MILLS FARM, FIFTH PLAT, a subdivision in the City of Overland Park, Johnson County, Kansas.

Lots 117 through 158 and Tracts Hand I, MILLS FARM, SIXTH PLXI', a subdivision in the City of Overland Park, Johnson County, Kansas.

WHEREAS, the Developer, as the owner of the Additional Lots, desires to subject the Additional Lots to the covenants, assessments, charges and other provisions contained in that certain Mills Farm Area Homes Association Declaration, executed by the Developer and filed with the Recording Office in Book 200609 at Page 003697, as amended by Amendment to Mills Farm Area Homes Association Declaration executed by the Developer and filed with the Recording Office in Book 20061 I at Page 002468 (as amended, the "Original Declaration").

NOW, THEREFORE, in consideration of the premises, the Developer, for itself and for its successors and assigns, and for its future grantees, hereby agrees and declares that all of the

276698.1

Additional Lots shall be, and they hereby are, subject to the covenants, assessments, charges and other provisions set forth in the Original Declaration. As contemplated in Article IX of the Original Declaration, this instrument shall have the effect of subjecting the Additional Lots to all of the provisions of the Original Declaration as though the Additional Lots had been originally described therein and subject to the provisions thereof.

Tract 12 of Mills Fann, Fifth Plat and Tracts H and I of Mills Fann, Sixth Plat are "Common Areas" under the Original Declaration. Tract L2 of Mills Farm, Fifth Plat contains a "Stream Corridor" under the Original Declaration.

IN WITNESS WHEREOF, the Developer has caused this Declaration to be duly executed the day and year first above written.

STATE OF KANSAS ) ) ss.

COUNTY OF JOHNSON )

THE DEVEWPER:

MILLS FARM DEVELOPMENT, LLC

By: W.S. DEVELOPMENT, L.L.C., Manager

By: �� Matthew M. Adam, Managing Member

This instrument was acknowledged before me on October l z._. , 2007 by Matthew M. Adam, as Managing Member of W.S. Development, L.L.C., as Manager of Mills Farm Development, L.L.C., a Kansas limited liability company.

My Commission Expires:

=-:-:-1-f-rottr1"l'f";tttl'(�BEEMAN[SE Notnry Public • Stn e ol 8/IBllll

My Appl. Exp. 1 ,, 2.t'I I

048317 / 103022

SNWOO 276006

2

Notruy Pu lie in and for said County and State

Print Name: /Jl;uq :i}tJt:.· /Jf't'(?Jl!n

1111111111111111111111111111111111111 111 I Ill Ill II 20071026-0007126 10/20 / 2�07

P: 2 of 2 08:64:04 AM

Resister of De1,1ds T20070044900

JO CO KS aK:200710 PG:007126

AMENDIVllcNT TO Mll�LS FARM AREA

111111111111111 1111111111111111111111111111111111 20061100-0002468 11/08/2006

P; � of 4 F: $2©.00 08: 15:43 AM Register of Deeds T20060055712

Jo co Ks BK:200611 PG:002468

HOM.ES ASSOCIATION DECLAllATlON

TI-HS AMENDMENT ("Amendment") is ma(le and entered into as of November /::./ , 2006 by and among the persons who have executed this document in their capacities 11s owners of record of the lots described below (collectively the "Owners") and M.ills Farm Development,· L.L.C., a Kansas limited liability company, as the developer oft he real property described below(the "Developer").

WJTNESSETH:

WHEREAS, the Developer is the developer of the residetltial area in the City of Overland Park, Johnson County, Kansas, commonly known as "Mills Farm"; and

WHEREAS, the Developer has previously executed a certain document entitled Mills Farm Arca Hornes Association Declaration and caused such document to be recorded in the Ollice of the Register of Deeds of Johnson County, Kansas (the "Ucconling Office") in Book 200609 at Page 003697 (the "Decl,imtion"); and

WHEREAS, the Declaration places certain covenants and assessments upon the following described residential lots (the "Lots") and the following described common areas:

Lots l through l l and 15 through 35, and Tracts A, n and C, MfLLS FARM, FIRST PLAT, a subdivision in City of Overland Park, Johnson County, Kansas.

Lots 12 through 14, MILLS FARM, THIRD PLAT, a subdivision in City of Overland Park, Johnson County, Kansas.

Lots 37 through 116, and Tracts D, E, .F and G, MILLS FARM, FOURTH PLAT, a subdivision in City of Overland Park, Johnson County, Kansas.

WHEREAS, the Owners of the Lots and the Developer desire to amend the Declaration as provided herein;

NOW, THEREFORE, the parties hereto declare and agree as follows:

A. Section I of Article IV of the Declaration is hereby amended to read as follows:

I. For the purpose of providing ft1nds to enable the HomesAssociation to exercise the powers, render the services and perform the duties provided for herein, all Lots in the District ( other than Lots then owned by the Developer and Lots then owned by a builder prior to the initial occupancy of the residence thereon as a residence) shall be· subject to an annual assessment to be paid to the Homes Association by the respective Owners thereof as provided in this Article I

V

. The amount of sucl1 annual assessment per Lot shall be fixed periodically by the Board, subject to Section 2 below, and, until ilirther action of the Board, shall be$ I ,000.00 per year.

B. The frillowing new Section 4 of Article XV!l is hereby added to the Declaration:

4. lly acceptance of a deed to a Lot, all Owners acknowledge andaccept ihc inherent risks and hazards (whether foreseeable or not) nssociatcd with the lnkcs llrnt nre part of the Common Aren. The Uevelo1ier and the Homes Association and the officers, directors nnd agents of the Developer and the Homes Association shall have no liability or responsibility to any Owner or other party with respect to such inherent risks and hazards. Each Owne,; for himself, the members of his family, his guests and invitees, shall be deemed to have released and agreed never lo make n claim ngainst the Developct; the Homes Association and/or any office,; director or agent of' the Developer or the Homes Association for any personal injury or death that may be suffered or incurred by any of such releasing parties in connection with use of the lalws, and each of them shall be deemed to hnve wnived nny and all claims 1111d causes of nction tlrnt any of them may ever have agniust any of such released parties with respect thereto.

C. Pursuant to Section I of Article X of the Declaration, this Amendment shallbecome effective as an amendment of the Declaration and binding upon all of the Lots upon (a) the execution hereof by the owners of record ofat least 60% of the Lots, (b) the execution hereof by the Developer, and (c) the recordation hereof in the Recording OOice.

D. The execution of this Amendment may occur in counterparts with only one copy of'the main body hereof being recorded together with the various signature and acknowledgment pages from such counterparts.

2 1111111111111 1111111111111111111111 1111111111111120061108-0002460 111� 012006

P· 2 of (I 00: 15:43 OM

R�slster of Deeds T20060055712

JO CO KS BK:200611 pG:002468

JN WITNESS WHEREOr, the parties hereto have caused this Amendment to be duly executed.

Sl/XTE OF KANSAS ) ) ss.

COUNTY OF JOHNSON )

TUI� DEVELOl'ER:

MILLS FARM DEVELOPMENl� LLC

By: W.S. DEVELOPMEN1'. LL.C., Manager

By: 7-"✓-�,?-'3',,· ,r�. Matthew M. Adam, Managing ]\if ember

ACKNOWLEDGmvmNT

This instrument was acknowledged before me on November /s·L-> 2006 by Matthew M .. Adam, as Managing Member or W.S. Development, L.L.C., as Manager of Mills Farm Development, L.L.C., a Kansas limited liability company. )J;

1 . .· . . l\tly Commission Expires: /1/!hy_ / '1-11/. .6t'tt,;·vt-1L

' _,

Notaiy Public in and for said County and State

Print Name: 1/J;l!z-t :4/7{ fJ:,(/?741'! J

IIIII I Ill I Ill llll I Ill llll I Ill 111111111111111 11111 20061108-0002468 11/0B/2006 p. 3 of 4 08:15:43 AM R�gister of Deeds T20060055712 JO CO KS QK:200611 PG:002468

MILLS FARM

1111111111 1111111111111111111111111111111111 20\00903-000127\ 09/0312010

P: I or 2 F'. S\2.00 08:31:18 Al'\ Rdg[stdr of Deeds f2010004D495 JO CO KS BK:21:":11009 PG:001271

AREA IIO!\,[ES ASSOCIATION DECLARATION ADDITIONAL PHASES (7'' and Meadows Plats)

THIS DECLARATION is made as ofthe-3:_ day of September, 2010, by Mills Farm Development, L.L.C., a Kansas limited liability company (the "Developer");

WlTNESSETH:

WHEREAS, the Developer has executed and filed with the Office of the Register of Deeds of Johnson County, Kansas (the "Recording Office"), additional plats of the subdivision known as "Mills Fann"; and

WHEREAS, such plats add the following lots to the subdivision (the "Additional Lots") and the following tract3 to the subdivision:

Lots 159 through 180 and Tracts J, K nnd L, MILLS FARM, SEVENTH PLAT, a subdivision in the City of Overland Park, Johnson County, Kansas.

Lots I through 21 and Tract A, MEADOWS OF MILLS FARM, a subdivision in the City of Overland Park, Johnson County, Knnsns.

WHEREAS, the Developer, as the owner of the Additional Lois, desires lo subject the Additional Lots to the covenants, assessment3, charges and other provisions contained in that certain Mills Farm Area Homes A.lsociation Declaration, executed by the Developer and filed with the Reconling Office in !3ook 200609 at Page 003697, as amended by Amendment to Mills Farm Area Homes Association Declaration executed by the Developer and filed with the Recording Office in Book 200611 at rage 002468 (as amended, the "Original Declaration").

NOW, THEREFORE, in consideration of the premises, the Developer, for itself and for its successors and assigns, and for its future grantees, hereby agrees nnd declares that all of the

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